KNAGAPPA SHETTY Vs. BABU ACHARI

JUDGEMENT

(1.) This is an appeal by the plaintiff whose suit has been dismissed by both the Court below.

(2.) The question that has been raised in this appeal is whether the plaintiff, who claims a prescriptive right over the servant tenement belonging to the defendants at the time of the suit but which prior thereto belonged to Government , has to prove user for period of 20 years or 60 years in order to acquire the right of easement. A subsidiary point was also raised viz ., whether the plaintiff can tack on the user against the Government prior to 1951 when defendants 1 and 2 were assigned the two survey Nos. Viz., 288 / 2B and 288 / 2A respectively.

(3.) The relevant facts which are necessary for the purpose of understanding the two points raised above may shortly be stated as follows :